CASTLE ROCK — An alleged sexual assault that led to charges against Broncos player Perrish Cox happened around Labor Day, Sept. 6, then was reported to police almost eight weeks later.

That’s according to the criminal complaint ordered released Thursday by Douglas County Judge Susanna Meissner-Cutler.

The complaint said the alleged sexual assault happened on or about Sept. 6. Lone Tree police said they received a complaint from the alleged victim for the first time on Oct. 28.

Meissner-Cutler today refused to make public the arrest affidavit in the sex assault case, containing the details of the evidence against Cox, who is charged with sexual assault on a helpless victim and sexual assault on a victim incapable of appraising her own condition. The judge agreed that the prosecution and defense need more time to study the evidence against the cornerback before making the case file public.

“The court at this time believes the affidavit should remain sealed,” Meissner-Cutler said. Without that, there is no explanation for the time gap in the court file.

Reporters from The Denver Post, Associated Press and New York Times filed motions in court last week, requesting that the case file be made public.

At a hearing on that issue today, attorney Steve Zansberg, who represented the three media outlets, said the First Amendment of the U.S. Constitution protects the media from those who try to deny it access.

He cited the case against Aaron Thompson, the Aurora man convicted in the child abuse death of his daughter, Aarone, as a reason this case should be open.

The Denver Post fought and won for the unsealing of the indictment in that case, though it involved a sex assault. The name of the sex assault victim was redacted in that case, and the indictment was unsealed.

“This court has no discretion to order it sealed,” Zansberg told the judge of the Cox case file.

Attorney Harvey Steinberg, who is representing Cox, said releasing the affidavit would impact his interviews with potential witnesses.

“We just got the case this morning,” he said.

Prosecutor Bob Chappell said the media had no standing in requesting access to the case file.

“They don’t get to come in here just because they’re the press and butt in here,” Chappell said. “This is just not the right forum.”

Meissner-Cutler said a timeline on when the affidavit will be made public could happen at the next court date Jan. 7.

Carlos Illescas had been with The Denver Post since 1997 before leaving in June 2016. He had worked as a reporter covering the suburbs and was a weekend editor. He previously worked for the Fort Worth Star-Telegram and the Aspen Daily News and graduated from Colorado State University in 1991.

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